Current as at 3 July 2012
These terms and conditions of use, together with our published policies, notices and disclaimers (published on Tarazz.com.au from time to time) are the terms and conditions (Terms & Conditions) that govern your use of www.Tarazz.com.au ( Tarazz or the site).
You must read, agree with and accept all of the Terms & Conditions before you can become a Tarazz Account Holder. Each time you make purchases using this site you are deemed to have accepted these Terms & Conditions (including any modification of them that may be published on this site).
We reserve the right of update and amend these terms and conditions from time to time as we see necessary. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective from the Release Date specified at the beginning of this document for all users.
Tarazz provides access to a large number of online retailers allowing you to shop at one or more of these stores using a single shopping cart. Tarazz facilitates this online shopping experience for the retailers who are its customers. Even though you are only required to make a single payment and Tarazz will often arrange for your purchases to be shipped to you in one delivery even when you purchase from multiple retailers, your customer relationship is with the retailer – or retailers – that you select. For this reason you should check the retailers terms and conditions of sale as well at these Terms & Conditions.
What is Tarazz?
Tarazz is operated by Tarazz Australia Pty Ltd (ACN 153 497 904) (us/we/our) of Level 3, Office Tower 2, Chadstone Shopping Centre, 1341 Dandenong Road, Chadstone VIC 3148.
Tarazz is an online portal that allows Tarazz Account Holders to browse and purchase goods from a number of retailers based outside of Australia. Acting as an agent for those retailers, we provide the participating retailers with details of your order and then facilitate the delivery of your purchases using the services of Australia Post. The resulting legal contract for the purchase of the goods is between you and the participating retailer.
We receive a commission from participating retailers for facilitating the sale, arranging the delivery of your purchases on their behalf and for facilitating refunds and returns in accordance with Tarrazz’s refunds and returns policy. Those retailers have authorised us to arrange for the sale of the goods that they offer in accordance with these terms and conditions. However, if there are any additional terms and conditions that they impose those terms will be noted on or accessible from the relevant product page.
Before making a purchase from a participating retailer, you should check whether any additional terms and conditions apply and, if they do, carefully review that participating retailer's terms and conditions applying to a potential transaction as their individual terms and conditions may vary.
Tarazz uses technology to review and determine whether goods that participating retailers offer for sale fall within the criteria for acceptable goods that may be delivered to Australian addresses, however we are not responsible in any way for listings provided by participating retailers or purchases made from a participating retailer.
There is no cost involved in becoming a Tarazz Account Holder—it’s free. By becoming an Account Holder, you warrant and agree to the following:
that you are at least 18 years old and have the capacity to make a legally binding contract;
you have an Australian residential address;
you are purchasing goods for your own use or as gifts and not for any business or commercial purpose;
to provide true, accurate and complete information in connection with your registration;
to immediately update all information provided to us so as to ensure its truth, accuracy and completeness at all times;
that we shall have the right to verify any of the information provided by you
that you can choose to receive marketing communications from Tarazz as part of your registration.
Personal information and security
We don’t guarantee that the site will always be available on a continuous and uninterrupted or permanent basis. Not all sections of the site may be available to all users at all times. We reserve the right to withdraw or change the services that are provided on the site at any time without notice and we are not liable if the site is unavailable at any time or for any period.
The products that are offered by participating retailers and the prices for those products may vary from time to time.
You must not knowingly introduce any virus or other material which is malicious or technologically harmful. You must not attempt any unauthorised access to the Site, the server on which the Site is located or any server, computer or database connected to the Site. You must not undertake any denial of service attack or distributed denial of service attack.
If we become aware that you have breached any law in connection with your access to or use of the Site we may report that breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach we will terminate your rights to use the Site with immediate effect.
Purchasing using Tarazz – how contracts are formed
You agree that you will be responsible for all activity conducted on the Tarazz site using your login details, including purchases and all other on-site interactions.
You acknowledge that Tarazz acts as a shipping agent only, and carries no responsibility regarding the importation of your purchases into Australia. Check the Taxes, Duties and Prohibited Items page for details.
Each order you place is deemed to be an offer by you to purchase goods specified in that order subject to these Terms & Conditions and any additional Terms & Conditions imposed by the participating retailer. Tarazz will provide the details of your order to the participating retailer who will then deliver the orders to Tarazz’s US distribution centre where Tarazz will consolidate your orders and arrange for their delivery to your Australian address on behalf of the retailer.
Your order is not complete, and no contract with a participating retailer is formed, until you receive an email indicating order confirmation via email which advises you that your order has been successfully received by Tarazz.
We don’t provide your credit card or any other personal information (including your address, your email address or your phone number) to the participating retailers. We do provide them with information to assist them to fulfil your order – including your name.
We manage and support your order, including shipping and handling from our US distribution base and managing refunds and returns on behalf of the participating retailers. Refunds and returns are dealt with in accordance with our refunds and returns policy which can be accessed here. It’s important to note that our refunds and returns policy overrides any refunds, returns or exchanges provisions set out in any terms and conditions offered by the participating retailers and, to the extent that there is any inconsistency, our refunds and returns policy will apply. In particular we are not able to facilitate any exchanges of goods.
Participating Retailers may reserve the right to accept or reject your offer to purchase for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on the Site, or an error in your order.
Even if the Participating Retailer accepts your order, if you have purchased any prohibited goods we may cancel your order. In such circumstances our only liability to you is to refund your purchase price (or that part of the purchase price that relates to the relevant prohibited goods and their postage and handling).
Purchases can be made using Visa and Mastercard.
All prices are in Australian dollars ($), and are payable in Australian dollars ($), plus any applicable taxes. The checkout price includes the charges for shipping and handling and any identified duties or fees.
You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
Prohibited imports and other restrictions on goods
Whilst we make all reasonable efforts to ensure that they are not offered, so goods offered by participating retailers may be goods which, under the law, may not be imported into Australia or freely sold to all consumers (e.g. Weapons, alcohol, pornography, drugs, plant material, certain kinds of animal products, cigarette lighters, etc.).
Prohibited Goods are any prohibited and restricted imports as declared that are restricted from importation into Australia as a matter of law. We reserve the right to cancel any transaction which includes any prohibited goods. If we cancel such an order we are only required to refund any amount that you have paid which relates to that part of your order.
Restricted goods are goods that you must have written permission in order to import the goods. Tarazz is not intended to facilitate business to business transactions and is not equipped to deal with the administrative functions associated with the importation of restricted goods. We reserve the right to cancel any transaction which includes any restricted goods. If we cancel such an order we are only required to refund any amount that you have paid which relates to that part of your order.See our taxes, duties and prohibited items page for more information about prohibited items. Further information can be obtained from www.customs.gov.au.
Payments are exclusive of Goods & Services (GST)
For the purposes of GST the following expressions shall have the following meanings:
GST - means any tax imposed on the supply of goods or services which is imposed or assessed under GST Law.
GST LAW - means A New Tax System (Goods and Services Tax) Act 1999 (as amended) and all related ancillary legislation which provides for a broad based consumption tax or value added tax on the supply of Goods and Services which becomes operative in respect of the provisions of this Agreement (Contract)(Terms and Conditions)[whichever is applicable]”
Prices displayed on the Site are exclusive of GST on the sale. In many, if not most, cases GST is unlikely to apply to purchases made by Tarazz Account Holders who comply with these Terms & Conditions provided that the goods are received from overseas, carried by Australia Post and addressed to you and have a declared or assessed value of A$1000 or less unless they are alcohol or tobacco products. In most cases the goods will be cleared by Customs and Boarder Protection and delivered by Australia Post without you doing anything. However, if GST does apply to the purchase – for example, because they are assessed to have a value in excess of A$1000 - you will be required to pay that GST and we will not be able to deliver those goods to you until the GST has been paid. If GST is payable in relation to the supply of goods and services under this (Agreement) (Contract) (Terms and Conditions) as a taxable supply under the GST Act, then (you) (recipient )agree that in addition to the amount that must be payable for that supply, good or service (you) (Recipient) must also pay the amount of any GST payable in respect of that supply, good or service.
However, if GST does apply to the purchase – for example, because they are assessed to have a value in excess of A$1000 - you will be required to pay that GST and we will not be able to deliver those goods to you until the GST has been paid. For more information about what happens in such circumstances see http://www.customs.gov.au/site/page5653.asp. Please note that the above-mentioned threshold of A$1,000 is a government law and may be subject to change in the future.
The following principles apply when determining the amount payable (the Payment) for any goods or services supplied via the Site (including in respect to returns etc).
If GST is payable in relation to the supply of goods or services, the Payment will be the Price specified at the time the order is made plus GST (if any) calculated at the rate applicable from time to time;
GST (if any) is payable as an additional amount of any fees or charges imposed by us (for example, charges relating to the administration of returns;
If the Payment is determined by reference to any cost, expense or liability incurred by a party (the Payee) the reference to cost, expense or liability incurred means the actual amount incurred by the Payee less the amount of any Input Tax Credit the Payee is entitled to in respect of that cost, expense or liability;
If the Payment is a reimbursement or indemnification of a loss determined by reference to revenue received and costs incurred, the revenue will be the revenue earned net of GST and the costs will be determined in accordance with paragraph above;
If the Payment is determined by reference to any liability incurred or payment made by a party by way of a government impost in the form of a tax (other than GST) or excise on any thing supplied hereunder ("tax"), applicable at the time of the agreement constituted by these terms, and at the time at which the Payment is determined that tax is for any reason no longer applicable or levied at a lower rate, then the reference to such liability is to be disregarded:
to the extent that that party is no longer required by law to remit an amount in respect of that tax, or
except to the extent that that party is required by law to remit a lesser amount, or
to the extent that that party receives or becomes entitled to receive a refund or credit in respect of any amount remitted in respect of it.
You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any GST payable or any value added tax imposed on any products or services acquired or ordered by you from the Site. The Site is designed for use by Australian residents, and we require all Participating Retailers to provide an estimate of any such liabilities on the assumption that you are an Australian resident.
Without limiting anything else in these Terms & Conditions, if you are not an Australian resident you must make your own enquiries about whether any such liabilities will be imposed if Products are delivered to you
Delivery, Shipping & Handling
All prices shown are the final shipping costs which include domestic and international shipping charges, last mile delivery, cost of goods purchased and any other expenses that are necessary for the goods to be brought to your address. We reserve the right from time to time to review and amend any of the above charges as and when it is necessary.
The participating retailers are all located outside of Australia. You are responsible for ensuring that the goods that you have ordered can be lawfully imported into Australia and for any taxes, customs duties and fees levied in respect of the goods on its arrival in Australia. Tarazz uses technology to assess whether goods are prohibited items and takes reasonable steps to prevent the importation of prohibited items but is not responsible if those processes fail for any reason whatsoever, and reserves the right to change taxes (if applicable).. When customs clearance procedures are required, it can cause delays beyond any delivery estimates given.
The Site will not ship orders for goods for delivery outside of Australia. Products offered for sale by Participating Retailers through the Site are directed solely at Australian residents. Tarazz doesn’t make any representation that any products sold through the Site are appropriate or available for use outside Australia. We reserve our rights to cancel any order made by a person, or to be delivered to a person, outside Australia in our complete discretion. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws or regulations and make no warranty that any products sold through the Site will comply with such laws or regulations.
We arrange for Australia Post to deliver your Goods. You agree to your details including your delivery address to be supplied to Australia Post for the purpose of delivering your purchases.
Participating Retailers send your purchases to our US based distribution centre in accordance with their terms and conditions of sale. When all of the components of your order are received, we will dispatch them for delivery using Australia Post E-Parcel. You can track the progress of your delivery on the Australia Post website using the tracking number that is emailed to you when your order is dispatched.
Declined and failed deliveries
If no one is available to accept it, your delivery will be lodged at your nearest Australia Post outlet for collection if it is unable to be left within your letterbox.
If the person receiving your order refuses delivery
The recipient named on the address label cannot be reasonably identified or located
or the delivery:
is deemed to be unacceptable by Australian Customs
depending on the circumstances we will make reasonable efforts to locate the recipient and arrange for the collection or the delivery of the package in accordance with Australia Post’s standard processes for attempted delivery or, in the case of unacceptable items, the item will be destroyed or returned. If we cannot identify the recipient or complete delivery within 30 days, or if customs require it, without any liability all unclaimed or unacceptable items will be returned, destroyed, released, auctioned or sold at our discretion and we will apply the proceeds (if any) against service charges and related administrative costs.
Lost or damaged deliveries
If an item is missing or damaged, you must contact us within 3 business days of receiving your order.
If something is missing from your order, or damaged, we will follow it up with our warehouse and the retailer on your behalf and deal with the issue in accordance with our returns policy.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of:
your use of the Site
any other party's use of the Site using your Tarazz Account Holder login information and any identification number allocated by Tarazz or chosen by you;
your breach of any of these Terms & Conditions.
You agree to pay our damages, costs and interest in connection with such claim, action, suit or proceeding.
Product availability and pricing
Tarazz retailers update their product listings here at their discretion. As a retailer may update their listing between the point at which you order their product and the time at which that order is received by them, it’s possible that on occasion the product you ordered may not be available, or may be available at a different price from that shown in your order.
In such cases, Tarazz will contact you to inform you of the change. If the product is no longer available, we will refund the purchase price to your credit card. If the product is available at a different price, you can instruct us to remove the item from your order and refund the price that was charged to your credit card in relation to that item.
Warranties on the products you purchase on the Tarazz website are provided by the retailers and manufacturers themselves; not by Tarazz. While we are happy to liaise with retailers on your behalf, Tarazz does not offer any additional warranties of its own.
We cannot give any undertaking, that goods or services you purchase from Participating Retailers through the Site will be of satisfactory quality, and any such warranties are DISCLAIMED by Tarazz absolutely. This DISCLAIMER does not affect your statutory rights against the Participating Retailer, however, you should note that as the participating retailers are located outside of Australia those rights may be substantially different from the rights available to you under Australian laws. You should check the participating retailers terms and conditions (if any) very carefully and understand your rights under our returns policy before you make any purchase. Where you order goods or services through the Site Tarazz may disclose your customer information related to that transaction to the relevant Participating Retailer.
Subject to any non-excludable provisions in the Competition and Consumer Act 2010 and similar State or Territory legislation in Australia:
we expressly disclaim any implied or express warranties or conditions of any kind, including non infringement of intellectual property rights relating to information or materials accessible from or on the Site; and
we are not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, even if we are expressly advised of the likelihood of such loss or damage.
To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the Site.
You must comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your purchase of items.
Applicable law and jurisdiction
These terms and conditions shall be construed in accordance with the laws of Australia. If you are not a resident of Australia, by registering as an Account Holder, you agree that the laws of Australia, without regard to the conflicts of principle thereof, will apply to all matters relating to your Account and use of our services.
You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of Australia in respect of any dispute arising out of and/or in connection with these terms and conditions.
Cancellations of orders, refusing transactions and termination of your Tarazz Account
Once your order is confirmed you cannot cancel or terminate it.
We may refuse to process any order for any reason or refuse to provide service to any person at any time at our sole discretion.
Participating retails may also refuse to process any order for any reason or refuse to provide service to any person at any time.
Your financial institution or credit card provider may also decline to process payment requests.
We are not liable to you or to any third party as a consequence of any such refusal or by reason of unwinding or suspending any transaction after processing has commenced.
We cannot facilitate the delivery of large and bulky goods. If our systems inadvertently allow you to order goods that are too large or bulky for us to deliver for the delivery charges that are nominated as being a component of the price at checkout we may cancel your order. If we do this our only liability to you is to refund the purchase price.
We reserve the right to terminate or suspend your Tarazz Account at any time without giving any reason. Without prejudice to the generality of the foregoing, we reserve the right to terminate or suspend your Tarazz Account if:
there is abuse or misuse of the Tarazz services by you, or
we are of the reasonable opinion that you have breached any of the Terms & Conditions.
We shall not be liable to you or to any other party for any damages, losses, costs or expenses howsoever caused by or arising out of such termination or suspension.
Circumstances beyond Tarazz’s control
Tarazz cannot be held liable for any loss or damage arising out of circumstances beyond our control. These include, but are not limited to:
“Act of God" e.g. earthquake, cyclone, storm, flood, fog
"Force Majeure" e.g. war clause, plane crash or embargo
any defect or characteristic related to the nature of the shipment, even if known to Tarazz
changes to laws, including laws relating to taxation (including but not limited to duties or GST) or the identification of prohibited goods;
riot or civil commotion
any act or omission by a person not employed or contracted by Tarazz e.g. the receiver, third party, customs or other government official
electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
Tarazz cannot be held liable for any other types of loss or damage (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Tarazz’s attention before or after the acceptance of the shipment.
We are either the copyright owner of the content of the Site or we are licensed by the copyright owner(s) to use the content on the Site. Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:
copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Site;
perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on the Site without our specific prior written consent;
alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Site which can be accessed through the Site; or
use or apply, for commercial purposes any material or information on the Site, without the our prior written consent.
All trademarks, brands and names appearing on the Site are the property of their respective owners. Nothing contained on the Site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information. No trademarks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.
Links and Third-Party Statements on the Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. To the extent any permission has been granted to link to the site, we reserve the right to withdraw linking permission without notice.
The Site provides links to other websites not maintained or controlled by, or associated with, Tarazz. We makes no endorsement, representation or warranty about any other website which you may access through the Site (Other Website). When you access another Website, that Other Website is independent from the Site, and we have no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of the Site. Other Websites are not under the our control, and we are not responsible for the accuracy of any information on any Other Website. We do not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from the Site are free from viruses and other material of a destructive nature.
We don’t routinely monitor or review statements made by persons other than Tarazz (Third Parties) on the Site. Third Parties may post statements or information on some portion of the Site, from time to time (Third Party Posted Material). We have the right at all times to remove any Third Party Posted Material from the Site or to edit any Third Party Posted Material, including in response to complaints received in relation to that material. We make no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. We expressly disclaim any liability to you for all Third Party Posted Material. Subject to any liability which cannot by law be excluded, we are not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of the Site, the use of any other hyper linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we have been expressly advised of the possibility of such loss or damages.
You must indemnify us and keep us indemnified in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
Any indemnity, agreement, representation or promise provided by you to us as set out in these Terms & Conditions shall be taken to be an indemnity, agreement, representation or promise also provided by you to our employees, officers, agents and shareholders any related entity of Tarazz in relation to the Site.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms & Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the state of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Victoria, Australia.
The Site may be accessed throughout Australia and overseas. We make no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
These Terms & Conditions and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.